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University of Leuven, Director Rector Roger Dillemans Family Property Law Institute, Codirector Institute for Contract Law, Codirector Leuven Center for Notary Law; Harvard Law School; University of Leuven, Faculty of Psychology; Antwerp Management School; Tilburg Law School Department of Private Law and TISCO; Catholic University of Portugal (UCP) - Católica Global School of Law; Greenille by Laga

Despite the legal equality between husband and wife in marriage, there remains an enormous factual inequality that does not seem equitable. Many women remain in a weak financial and economical position, given the possibility in many continental jurisdictions such as Belgium, France, the Netherlands, to adopt a marital contract of strict separation of assets. The paper claims this injustice be solved exploring two tracks: externally and internally. The external track suggests intervening through legal means: an imperative system of participation in marital gains, irrespective of the marital contract. The internal solution mechanism would be to empower the weaker spouse at the very outset of the marriage: when the marital contract is negotiated. If such negotiation, so the argument goes, would effectively take place, and be conducted in a transparent manner, more equitably balanced contracts would be made. If spouses would not be able to reach agreement, then it be better that no contract nor marriage would be concluded.